2nd Panel Says Police Slaying Was Justified

In a split vote, the Los Angeles Police Commission ruled Tuesday that a police officer justifiably used deadly force last year when he fatally shot an actor who allegedly pointed a rubber replica handgun at him during a Halloween costume party.

The five-member civilian panel voted 4 to 1 to find the shooting of actor Anthony Dwain Lee by Officer Tarriel Hopper “in policy.” The commission voted 3 to 2 that Hopper should undergo additional training to improve his tactics, but determined that he should not be disciplined over the shooting.

Commissioner Rose Ochi cast the sole vote against finding that the officer’s use of force was within department rules. Ochi declined to publicly discuss the reasons why she dissented, a commission spokeswoman said.

Lee was shot once in the back of the head and three times in the back as he stood with two men in a Benedict Canyon mansion. Hopper, who was investigating a noise complaint at the party, said he shot Lee because he feared for his life when the 39-year-old actor pointed what turned out to be a fake gun at him.

In a five-page report submitted to the commission, Chief Bernard C. Parks provided the most detailed public account to date of the night’s events. According to the report, as Hopper searched for the owners of the home to contact them about the noise complaint, he shined his flashlight into a back bedroom of the home, where Lee and two men were standing.

“Officer Hopper observed what he believed was a narcotics transaction between Lee and [another man],” the report states. The other man, according to the report, “looked in the direction of Officer Hopper and raised his hands, simultaneously stepping rearward.”

At the same time, Lee turned toward the officer and pulled what appeared to be a semiautomatic pistol from his waistband and pointed it at the officer. In fear for his life, Hopper emptied his own .45-caliber semiautomatic pistol, firing nine shots at Lee from about six feet away.

According to the report, as Hopper fired, he “observed Lee continually point the [replica] gun at him.” According to the chief’s report, investigators found the drug Ecstasy in the palm of Lee’s hand after the shooting. The report also states that two witnesses back Hopper’s account, to varying degrees.

An internal review board of the LAPD concluded the shooting was justified. The commission, which has the final word on whether a police shooting is within department rules, makes three distinct findings when evaluating shootings: whether the officer used appropriate tactics during the incident; whether the officer drew his weapon at the appropriate time; and whether the officer’s use of deadly force was justified.

Though the majority of the board agreed with the chief that the shooting was within department policy, Ochi and Commissioner David Cunningham III apparently had concerns. Although Cunningham voted to find Hopper’s actual pulling of the trigger in policy, he sided with Ochi in concluding that Hopper’s tactics were more seriously deficient than to simply require additional training. He and Ochi also did not agree with the majority that Hopper’s decision to draw his firearm was in policy.

“In this case, the dissenters based their decision on a different interpretation of the facts presented,” said Commission President Rick Caruso. Speaking for the majority, Caruso said the toy gun was a realistic replica of a .357 magnum semiautomatic pistol. The case boiled down to the fact that Hopper could not distinguish that the gun was not real, and therefore legitimately feared for his life and defended himself, Caruso said.

Caruso declined further comment on the case, citing a wrongful-death lawsuit filed by Lee’s family. Lee’s sister, Tina Lee-Vogt, said she was not surprised by the results of the LAPD probe or the commission’s decision.

“Anthony’s body was still in the house, and their initial statement was that the officer acted appropriately--that kind of says that ‘we’re going to make sure the story fits,’ ” said Lee-Vogt, a civilian assistant to the Sacramento police chief.

Lee-Vogt said she disagreed with the LAPD’s assessment of Hopper’s actions.

“To me, it appears that the officer went looking for trouble and made it,” she said. “I don’t think Anthony knew what hit him.”